PRESUMPTION IN MODERN LAW: CONCEPT AND LEGAL MEANING

Abstract

This article presents an analysis of the main existing approaches to the definition of the concept of legal presumption and its essence (logical-philosophical, legal and normative). The author's point of view on the presumption as a method of legal technique is substantiated, which is reflected both directly and indirectly in regulatory legal acts, as well as in the legal provisions of judicial practice, which is confirmed by specific examples from the Resolutions of the Plenums of the Supreme Court of the Russian Federation, the Supreme Arbitration Court of the Russian Federation and other acts of judicial interpretation. In the course of researching the legal meaning of presumptions, the author highlighted its legal and practical aspect, which is expressed in overcoming the state of uncertainty regarding the existence of certain legal phenomena by fixing a certain assumption and, as a result, releasing a person interested in recognizing the existence of a fact from proving this existence. Particular attention is paid to the problem of determining the limits of the application of various legal presumptions and the admissibility of their simultaneous existence on the example of presumptions in civil law.